Police slaying suspect caught saying his insanity defense is fake

Published Saturday, December 24, 2005

PANAMA CITY (AP) -- A Milwaukee man facing the death penalty for allegedly killing a police officer was recorded telling a friend that he is acting mentally incompetent so his trial will be postponed and he'll be sent to the "nuthouse."

In a tape released by prosecutors Thursday, Robert Bailey is heard telling John Braz in a jailhouse phone call last week, "They can't try me if they find me mildly retarded or crazy."

"I ain't no rookie when it come to this (expletive), brother. I'm playin' all my little cards, brother," Bailey says to Braz, who was in the car when Bailey allegedly shot Panama City Beach Police Sgt. Kevin Kight during a traffic stop last Easter.

Braz is expected to testify against Bailey at his Jan. 30 trial.

Baily's lawyer, Deputy Public Defender Walter Smith, has filed several motions seeking to show that his 23-year-old client is retarded or suffers mental problems.

Smith said the recording proves his contention.

"That just shows that he really is functioning at a really low level, because he thinks he's got everybody fooled," Smith said. "There's definitely something wrong with him. If he's not retarded, he's definitely got some brain damage."

Bailey has been told that his calls and mail are being monitored, but he continues to make statements that hurt his case, Smith said.